Article 80. Preliminary examination of the complaint

(1) The preliminary examination of a complaint concerning an alleged infringement of the legislation on the processing of personal data shall be carried out within 30 days of the date of registration of the complaint.

(2) In the course of the preliminary examination of the complaint, the Centre shall determine whether there are reasonable grounds to suspect an infringement of the legislation on the processing of personal data.

(3) Anonymous complaints and complaints lodged without indicating the postal or electronic address of the data subject shall not be examined.

(4) If the complaint does not meet the requirements laid down in art. 79(1)(c)–(f), (i) or (2)(a) or (b), the data subject shall be informed of the shortcomings and shall be granted a reasonable period to remedy them. Where the shortcomings are not remedied within the period granted, the complaint shall not be examined, and the data subject shall be informed thereof.

(5) Where the Centre considers that, on the basis of the information submitted by the complainant and of other relevant information, there are no reasonable grounds to suspect an infringement of the legislation on the processing of personal data, the Centre shall reject the complaint, stating its reasons, and shall inform the data subject thereof.

(6) When rejecting a complaint on the ground that the conduct complained of does not contravene the legislation on the processing of personal data or does not fall within its scope, the Centre shall not be required to take into account circumstances which have not been brought to its attention by the complainant.

(7) If, in the course of the preliminary examination of the complaint or of the investigation in accordance with art. 81, there are reasonable suspicions that a criminal offence has been committed, the Centre shall refer the matter to the criminal prosecution body. In that case, the preliminary examination or the investigation shall continue. The criminal prosecution body shall inform the Centre of the decision taken.